YAHAYA IBRAHIM
A judge of the Lagos State High Court in Igbosere, Justice Adedayo Akintoye on Wednesday withdrew herself from the trial of a fellow judge, justice Hyeladzira Nganjiwa of a Federal High Court, who was charged with unlawful enrichment to the tune of $260,000 and N8,650,000.
The judge explained that her decision to withdraw from the case was based on a petition written by Justice Nganjiwa, asking that his case be transferred to another judge for fear of bias.
The embattled judge had through his lawyer, Chief Robert Clarke (SAN), at the last adjourned date told Justice Akintoye, that he was afraid that he would not get justice should his trial continue before the judge.
According to Clarke, the reason, was because Justice Akintoye was already hearing the case of Mr. Rickey Tarfa (SAN), who was accused of bribing two judges, one of which is Justice Nganjiwa.
“The charge, as filed, constitutes double jeopardy against the defendant.There is a sister case before this court containing virtually all the allegations and particulars in this new case,” the senior lawyer had told the judge.
“You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice will be done, but justice must be seen to have been done,” Clarke had also said.
The SAN told Justice Akintoye that he had already written a letter on behalf of his client to the administrative head of the Lagos State High Court in Igbosere, seeking the transfer of the case.
In the said letter, Clarke argued that, “The trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa, and the counts and facts of the charge against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.
“In essence, My Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to same opinion in the information against my client,” he said.
But the prosecuting counsel for the Economic and Financial Crimes Commission(EFCC) Wahab Shittu, in his own arguments, described Clarke’s application as a ploy to frustrate the trial and urged Justice Akintoye to reject it.
Shittu maintained that Tarfa’s case would have no bearing on Nganjiwa’s case because they were not being jointly tried.
Justice Akintoye had then adjourned till Wednesday for ruling on the application but when the case came up today, rather than deliver a ruling, the judge simply said she had withdrawn herself from the matter.
“In view of the letter written by the defendant to the administrative judge, the file of this case is no longer with me; this case has been transferred to another court,” Justice Akintoye said.